How Can I Bring a Foreign Worker to Florida?

According to the US Bureau of Labor Statistics, the share of the foreign-born civilian labor force was 17% of the total number of workers. In this sense, companies have feasible options to hire foreign workers temporarily or permanently.

In this article, you will find out feasible ways to bring a foreign worker to Florida.

Labor Certification to Permanent Residency

Employers can go right into the permanent sponsorship of a foreign-born worker position by filing a labor certification with the Department of Labor (DOL).

After obtaining a labor certification, US employers must file an immigrant petition with the US Citizenship and Immigration Services (USCIS) on behalf of the foreign worker.

Subsequently, the foreign worker must initiate the process to obtain permanent residency status (green card), and the employer can permanently hire the foreign worker.

H-1B Professional Specialty Occupation

Many employers in Florida file for foreign nationals to come to the United States to occupy positions involving specialty occupations.

As provided by the USCIS, the occupation requires “theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.”

Plus, the prospective petitioner (employer) must file a Labor Condition Application (LCA) certified by the DOL with a Petition for a Nonimmigrant Worker (Form l-129) on behalf of the prospective foreign worker.

While an H-1B visa does not grant permanent residency in the US, a foreign worker can stay under H-1B status for a maximum of six years, considering three-year increments.

Specific Visas for Specific Countries

E-3 Specialty Occupation Workers from Australia

As provided by the USCIS, the E-3 classification applies only to nationals of Australia. This unique visa permits an employer in Florida to file an E-3 visa petition on behalf of an Australian worker.

In such cases, the prospective worker must come to the United States to perform services in specialty occupations, which usually require a bachelor’s degree (or higher) in a specialty field.

The initial period of stay is two years, with the possibility to renew the visa up to 2 years per extension. There is no maximum number of extensions (with some exceptions).

TN NAFTA Professionals

The North American Free Trade Agreement (NAFTA) created exclusive economic relationships between the United States, Canada, and Mexico.

Accordingly, the TN nonimmigrant visa allows qualified professionals with Canadian or Mexican citizenship to enter the US temporarily to work in several occupations. Various professionals can seek admission as TN nonimmigrants, such as engineers, lawyers, scientists, and teachers.

Nonimmigrant workers under TN status have a three-year initial period of stay, and they are allowed to extend their status for an indefinite number of three-year extensions.

H-1B1 – Workers in Specialty Occupations from Chile and Singapore

Although the H-1B visa category typically requests the possession of a bachelor’s degree or the equivalent, the H-1B1 program allows employers in the United States to file a visa petition for Chilean and Singaporean in specific occupations.

Accordingly, US employers can hire Chilean citizens as either agricultural managers or physical therapists. Also, they can hire both Singaporean and Chilean citizens as disaster relief claims adjusters or management consultants.

The initial period of stay is 12 to 18 months, and the USCIS allows H-1B1 workers one-year extensions indefinitely.

Intra Company Transference (L Visa)

This type of visa is a good option for companies with branches, subsidiaries, or offices in other countries. Hence, employers can utilize L visas to transfer executives, managers, or employees with specialized knowledge to one of its offices established on US soil.

Also, a foreign company that does not yet have an affiliated office established in the United States can send an executive/manager to open a new business facility.

H-2B Seasonal Temporary Worker

Lastly, the USCIS permits employers in the United States to bring foreign workers to occupy temporary nonagricultural occupations. It is crucial noting that employers must meet specific regulatory requirements to apply for an H-2B visa on behalf of a foreign worker.

Plus, all prospective H-2B employers need to provide evidence that:

Not enough workers in the United States are able, willing, qualified, and available to occupy the specific temporary job
Employing temporary workers through the H-2B program will not adversely affect the wages and working conditions of similarly employed US workers